Everything about Chilling Effect totally explained
A
chilling effect is a term in
United States law that describes a situation where speech or conduct is suppressed or limited by fear of penalization at the hands of an individual or group. For example, the threat of a costly and lengthy lawsuit might prompt self-censorship and have a chilling effect on
free speech. Since many such suits rely on
libel law, the term
libel chill is also often used.
Explanation
In United States and
Canadian law,
chilling effects refer to the stifling effect that vague or overbroad laws may have on legitimate speech and activity expressly protected by the
First Amendment. Recognition of chilling effects caused substantial change to
slander and libel law to eliminate the possibility of
political libel cases and remove openings for
vexatious litigation.
Origin of term
The term had been in use in the United States for several years by
1965, when
William J. Brennan used it in a judicial decision referring to the "chilling effect [aparticular law might have] upon the exercise of First Amendment rights"; the case in question was
Lamont v. Postmaster General,
381 U.S. 301, 85 S.Ct. 1493 (1965). That case invalidated a Federal law that required postal patrons receiving "communist political
propaganda" to specifically authorize the delivery of each such piece of mail. The phrase was also used as early as 1950, as if it were commonly understood, in a law review article by Harvard Law Professor, Paul A. Freund, in
The Supreme Court and Civil Liberties,
4 Vanderbilt Law Review 533, at 539 (1950-1951)
.
The
Lamont case didn't center around a law that explicitly outlawed speech; a "chilling effect" can exist even when there's no explicit prohibition of speech in the law at all. In the original decision, the criterion was that the law have a "deterrent effect" on freedom of expression. In general, "chilling effect" is often used in reference to laws or actions that don't explicitly prohibit legitimate speech, but that impose undue burdens.
Further Information
Get more info on 'Chilling Effect'.
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